Professional practice

David Foxton QC has a wide-ranging commercial practice. He is an experienced lead trial advocate in all types of commercial disputes: both in court (Commercial Court, Chancery Division, Court of Appeal and in the Supreme Court) and in arbitration (SIAC, LCIA, LMAA, ICC and UNCITRAL). He also accepts appointments as an arbitrator.

He has been consistently ranked as a leading commercial barrister by professional directories.

He is a Deputy High Court Judge sitting in the Commercial Court and the Chancery Division, and has been appointed sole arbitrator in ICC, SIAC and “ad hoc” arbitrations and also as chairman of three-member tribunals.

He is Head of Chambers at Essex Court Chambers.

He is a Visiting Professor in Commercial Law at the University of Nottingham, a Fellow of the International Academy of Trial Lawyers (elected 2014), a registered foreign lawyer with the Singapore International Commercial Court and is called to the Bar of the British Virgin Islands.

 

What others say

Chambers & Partners UK Bar 2017 Banking & Finance

“A tremendously creative and pleasant advocate who judges listen to. He is fantastic. A thoroughly likeable guy to work with, thoughtful and clever.”

Chambers & Partners UK Bar 2017 International Arbitration

“Absolutely amazing, he’s an absolute supersilk. He has a phenomenal intellect and I’ve never seen anyone deal so well with difficult, stressed-out clients. He has a wonderful bedside manner. Extremely clever, creative, and fantastic to work with.”

Chambers & Partners UK Bar 2017 Energy & Natural Resources

“Obviously a class act, he’s an incredibly sophisticated barrister who knows exactly what the key points are. He has an understated manner which hides a really formidable ability to get to the heart of any legal issue.”

Chambers & Partners UK Bar 2016 Commercial Dispute Resolution

“A charming, exceptionally intelligent advocate, who gets on top of the materials quickly and instils confidence in both clients and judges alike. He is clearly set for a stellar rise through the ranks to the very highest echelons of the Bar. His intellect is formidable and his manner and approach are very client oriented and client-friendly.”

Chambers & Partners UK Bar 2016 Insurance

“He is superb in every way.”

Legal 500 UK Bar 2016 Commercial Litigation

‘A phenomenal advocate, widely recognised as one of the super-silks of the English Bar.’

 

Arbitration & related court applications

Regularly instructed as lead advocate in arbitrations under LCIA, ICC, LMIA; ARIAS (UK) and SIAC rules and “ad hoc” submissions: jurisdiction challenges under s.68 Arbitration Act 1996; applications for permission to appeal under section 69 Arbitration Act 1996; injunctive relief in support of arbitrations.

Reported cases include P v Q [2017] EWHC 148 (Comm); [2017] EWHC 194 (Comm).

Chambers & Partners UK Bar 2016 (International Arbitration: General Commercial & Insurance)

“A proactive and flexible counsel. He is academic and professional.”

Chambers & Partners UK Bar 2017 (International Arbitration)

“Absolutely amazing, he’s an absolute supersilk. He has a phenomenal intellect and I’ve never seen anyone deal so well with difficult, stressed-out clients. He has a wonderful bedside manner. Extremely clever, creative, and fantastic to work with.”

Legal 500 UK Bar 2016 (International Arbitration: Counsel)

‘Very good on the law and surrounding technical issues.’

Banking & financial services

Regularly instructed in all types of banking and lending disputes, both international and domestic: ISDA swaps (basis, currency and equity); put options; all kinds of derivatives including CDOs; guarantees; performance bonds; forfaiting transactions; letters of credit; financial services; FCA listing obligations.

Reported cases include Deutsche Bank v. Sebastian Holdings [2009] EWHC 2132 (Comm); [2009] EWHC 3069 (Comm); [2010] EWCA Civ 998; [2013] EWHC 3463 (Comm); [2014] EWCA Civ 1100; [2016] EWCA Civ 23; Lehman Brothers International (Europe) (in Administration) [2016] EWHC 2417 (Ch); Property Alliance Group Ltd. v. Royal Bank of Scotland Plc [2016] EWHC 207 (Ch).

Chambers & Partners UK Bar 2016 (Banking & Finance)

“One of the cleverest lawyers around, who is also extremely easy to work with. His intellect is formidable and his manner and approach are very client-oriented and client-friendly.”

Chambers & Partners UK Bar 2017 (Banking & Finance)

“A tremendously creative and pleasant advocate who judges listen to. He is fantastic. A thoroughly likeable guy to work with, thoughtful and clever.”

Legal 500 UK Bar 2016 (Banking & Finance)

‘He combines formidable intellectual ability with a terrific work ethic and great charm.’

Commercial dispute resolution

Instructed as lead advocate in all aspects of commercial litigation: jurisdictional challenges; anti-suit injunctions; recognition and enforcement of foreign judgments; commercial fraud actions.

Reported cases include Dar Al Arkan Real Estate v Al Refai [2015] EWHC 1793 (Comm); Arcadia Petroleum v Bosworth [2016] EWCA Civ 818; BTI 2014 LLC v Sequana SA [2016] EWHC 1686 (Ch); [2017] EWHC 211 (Ch); Latin American Investments Ltd. v. Maroil Trading Inc. [2017] EWHC 1254 (Comm)

Chambers & Partners UK Bar 2016 (Commercial Dispute Resolution)

“A charming, exceptionally intelligent advocate, who gets on top of the materials quickly and instils confidence in both clients and judges alike. He is clearly set for a stellar rise through the ranks to the very highest echelons of the Bar. His intellect is formidable and his manner and approach are very client oriented and client-friendly.”

Chambers & Partners UK Bar 2017 (Commercial Dispute Resolution)

“He has a brain the size of a planet and charm to go with it.”

Legal 500 UK Bar 2016 (Commercial Litigation)

‘A phenomenal advocate, widely recognised as one of the super-silks of the English Bar.’

Energy & natural resources

Instructed as lead advocate in energy contracts: North Sea gas pricing disputes; concession agreements; drilling rig contracts.

Reported cases include Standard Chartered Bank v. Dorchester LNG (2) Ltd. [2016] Q.B. 1; Arcadia Petroleum v Bosworth [2016] EWCA Civ 818.

Chambers & Partners UK Bar 2016 (Energy & Natural Resources)

“His judgement in how to put things to the court is excellent. He has real charm as an advocate and puts difficult points in a fashion that makes them look simple.”

Chambers & Partners UK Bar 2017 (Energy & Natural Resources)

“Obviously a class act, he’s an incredibly sophisticated barrister who knows exactly what the key points are. He has an understated manner which hides a really formidable ability to get to the heart of any legal issue.”

 Legal 500 UK Bar 2016 (Energy)

‘One of the leading silks in the commercial Bar.’

 

Insurance & reinsurance

A specialist on all aspects of insurance and reinsurance litigation, and a frequent writer and lecturer on insurance and reinsurance topics.

Regularly instructed as a lead advocate in domestic and international insurance market disputes: avoidance disputes; coverage issues; captives; financial reinsurance; “follow the settlements” issues; commutations; “Bermuda form” disputes; D&O insurance.

Reported cases include: AIG (Ireland) v. Faraday [2007] EWCA Civ. 1208 (notification dispute); AXA Corporate Solutions SA v. National Westminster Bank Plc [2011] Lloyd’s Rep. IT 438.

Chambers & Partners UK Bar 2016 (Insurance)

“He is superb in every way.”

 Chambers & Partners UK Bar 2017 (Insurance)

“He’s got an immense breadth of knowledge and is a genuine intellectual. He’s incredibly easy to work with and very clear on what his opinion is and the reasons for having it.”

Legal 500 UK Bar 2016 (Insurance and Reinsurance)

‘Particularly noted for arbitration proceedings.’

Professional negligence

Regularly instructed in professional negligence cases involving solicitors, insurance brokers, underwriting agents (and related errors and omissions insurance issues). Advises on conflict of interest problems.

Legal 500 UK Bar 2016 (Professional Negligence)

‘Very impressive.’

Shipping & admiralty

Instructed in time charterparty disputes (withdrawal, late or early redelivery, indemnity claims); voyage charter disputes; lien claims; seaworthiness disputes; shipbuilding disputes.

Reported cases include Standard Chartered Bank v. Dorchester LNG (2) Ltd. [2016] Q.B. 1

Legal 500 UK Bar 2016 (Shipping)

‘First rate.’

 

Career

2014 Called to BVI Bar (permanent)

2010  Bencher (Gray’s Inn)

2009  Recorder

2006  Silk

2003-2006  Junior Counsel to the Treasury List, Common Law Panel A

1989  Essex Court Chambers

1989  Call: Gray’s Inn

Education

2001  PhD, King’s College, London

1988  Bar Vocational Course

1987  Bachelor of Civil Law (First Class Hons), Magdalen College, Oxford University

1986  MA (First Class Hons) in Jurisprudence, Magdalen College, Oxford University

Awards

1989  Holker Scholarship; Karmel Scholarships;

Commercial & Chancery; Arden Scholarship

1989  Oxford University Eldon Law Scholarship

1986  Martin Wronker Prize (first in year)

1985  Demy Scholar

1985  Winter Williams Prize

1985  Gibbs Prize

Publications

Scrutton on Charterparties and Bills of Lading (23rd, 2015)

David Joseph QC and David Foxton QC, Singapore International Arbitration Law and Practice (2nd edition, scheduled 2017)

Numerous academic articles and contributions to books